P RAMAKRISHNAN Vs. STATE

JUDGEMENT

(1.) APPREHENDING arrest at the hands of the respective respondent police, the petitioners have come forward with these petitions seeking anticipatory bail. In all these cases , except, offence punishable under Section 506(i) of IPC all other offences are bailable. A question arose before this Court as to whether, insofar as the State of Tamil Nadu is concerned, the offence punishable under Section 506(i) of IPC is bailable or non-bailable. Some of the counsel expressed their view that the same is bailable; whereas the others expressed that it is non-bailable.

(2.) SINCE very often, not only this Court, but also the Subordinate Courts are confronted with such question, I deemed it necessary to go into the said question and to answer the same. For the said purpose, this Court requested Mr.R.Shanmugasundaram, learned senior counsel to assist this Court as Amicus Curiae. Accordingly, he has taken much pains to go deep into the provisions and also to bring to my notice various judgments of various High Courts.

(3.) WHEN the Code of Criminal Procedure, 1973 was introduced, again the offence under Section 506 (i) of IPC has been shown as bailable. However, no fresh Notification has been issued under Section 10 of the Criminal Law Amendment Act. It is because of the same, a considerable confusion arose as to whether the earlier notification issued when the repealed Code was in force would be applicable in respect of the present Code also.